Lagos Legislator Seeks Disqualification of APC Scribe

Written by on March 11, 2015

A member of Lagos State House of Assembly, Hon. Hakeem Masha, has asked a Court of Appeal sitting in Lagos to disqualify the state Secretary of the All Progressives Congress (APC), Hon. Wasiu Sanni-Eshilokun, from contesting the legislative election scheduled to hold on April 11.

The lawmaker filed the appeal last Friday through his counsel, Mr. Bonojo Badejo, challenging the decision of a Federal High Court sitting in Ikoyi that declared Sanni-Eshilokun (respondent) as the lawful candidate for the April 11 election in Lagos Island Constituency II.

But in the notice of appeal, Masha (appellant) argued that the learned trial judge, Justice Ibrahim Buba, erred by declaring in Lagos Island Constituency I on the APC platform without meeting basic requirements and for ignoring fundamental issues raised at the trial court.

He added that the trial judge erred in law when he assumed jurisdiction to hear originating summons when Sanni-Eshilokun failed to explore the internal dispute remedy enshrined in the APC constitution before proceeding to court.
Masha, also, faulted the trial judge on the issue of waiver as the APC National Working Committee or its National Executive Committee had, at no time, granted waiver to the respondent to participate in the primaries because he did not resign from his position within the stipulated time by the party’s constitution.

He stated that APC’s National Working Committee had in a response to his petition against the respondent’s participation in the primaries ruled that Sanni did not resign within the mandatory 30-day period as required by the APC constitution.

On this ground, the appellant argued that Sanni-Eshilokun was not qualified to contest in the APC primaries and consequently, upheld the prayers as contained in the petition and forwarded his name as the party’s candidate for Lagos Island Constituency I.

He added that he filed an application seeking for the stay of execution of the decision of the trial court as well as an injunction pending appeal, noting that the application was served on the Independent National Electoral Commission (INEC) at its National Headquarters in Abuja at about 4.50p.m. on Friday.

He added that the application had also been served on the counsel to APC in the suit, Mr. Femi Falana, as well as on Sanni-Eshilokun, which asked the INEC to restrain from taking action on the decision of the trial court until the appeal was determined.

He stated that Falana and Badejo “have raised objection to the suit filed by Wasiu Sanni-Eshilokun before the trial court, describing it as “frivolous, vexatious and an abuse of court processes” while asking the court to dismiss same for want of jurisdiction.

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